M/S MAITRI REALTOR AND CONSTRUCTION PVT LTD ,BANGALORE vs. THE DEPUTY COMMISSIONER OF INCOME TAX CIRCLE-4(1)(2), BANGALORE

None has appeared on behalf of the assessee when this appeal was called for hearing on 04.04.2019. It is seen from the record that the assessee has earlier been afforded hearings on 12.06.2018 and 04.09.2018, where the learned AR for the assessee sought adjournments of hearings on behalf of the assessee. In the hearing fixed on 27.11.2018, the learned AR filed letter of even date informing the Bench that it was withdrawing the Power of Attorney to represent the case as they were unable to contact the assessee. We find that the notice issued by Registry fixing the date of hearing of this appeal for 04.04.2019 was returned unserved by Postal authorities. In view of the facts and circumstances of the case as laid out above, we are satisfied that the assessee is not interested in pursuing the present appeal.

In view of the above, we are of the opinion that the assessee is not seriously interested in pursuing the appeal on hand. The law aids those who are vigilant, not those who sleep upon their rights. This principle is embodied in well known dictum, “VIGILANTIBUS ET NON DORMIENTIBUS SERVIUNT LEGES”. Considering the facts and circumstances of the case and keeping in view the provisions of Rule 19(2) of the Income Tax Appellate Tribunal Rules as were considered in the case of CIT Vs. Multiplan India Ltd. (38 ITD 320) (Del), the assessee’s appeal is dismissed.

In the result, the appeal of the assessee for Assessment Year 2014- 15 is dismissed.